§ 246.9 Surrender of Form I-151 or I-551.

A respondent whose status as a permanent resident has been rescinded in accordance with section 246 of the Immigration and Nationality Act and this part, shall, upon demand, promptly surrender to the district director having administrative jurisdiction over the office in which the action under this part was taken, the Form I-151 or I-551 issued to him at the time of the grant of permanent resident status.

[27 FR 10789, Nov. 6, 1962, as amended at 45 FR 32657, May 19, 1980]

§ 247.1 Scope of part.

The provisions of this part apply to an alien who is lawfully admitted for permanent residence and has an occupational status which, if he were seeking admission to the United States, would entitle him to a nonimmigrant status under paragraph (15)(A) or (15)(G) of section 101(a) of the Act, and to his immediate family; also, an alien who was lawfully admitted for permanent residence and has an occupational status which, if he were seeking admission to the United States, would entitle him to a nonimmigrant status under paragraph (15)(E) of section 101(a) of the Act, and to his spouse and children.

[22 FR 9801, Dec. 6, 1957]

the alien requests that he be permitted to retain his status as a resident alien and executes and files with such district director a Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities) and, if a French national receiving salary from the French Republic, Form I-508F (election as to tax exemption under the Convention between the United States and the French Republic), within 10 days after service of the notice, or the alien, within such 10-day period, files with the district director a written answer under oath setting forth reasons why his status should not be adjusted. The notice shall also advise the person that he may, within such period and upon his request have an opportunity to appear in person, in support or in lieu of his written answer, before an immigration officer designated for that purpose. The person shall further be advised that he may have the assistance of counsel without expense to the Government of the United States in the preparation of his answer or in connection with such personal appearance, and may examine the evidence upon which it is proposed to base such adjustment.

[22 FR 9801, Dec. 6, 1957, as amended at 37 FR 11471, June 8, 1972]

§ 247.12 Disposition of case.

or no

admitted (a) Allegations answer filed. If the waiver Form I-508 and, if applicable, Form I-508F is not filed by the alien within the time prescribed, and the answer admits the allegations in the notice, or no answer is filed, the district director shall place a notation on the notice describing the alien's adjusted nonimmigrant status and shall cause a set of Forms I-94 to be prepared evidencing the nonimmigrant classification to which the alien has been adjusted and no appeal shall lie from such decision. Form I-94A shall be delivered to the alien and shall constitute notice to him of such adjustment. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status granted and shall be subject to such other terms and conditions, including the ex

action of bond as the district director may deem appropriate.

a

(b) Answer filed; personal appearance. Upon receipt of an answer asserting a defense to the allegations made in the notice without requesting a personal appearance, or if a personal appearance is requested or directed, the case shall be assigned to an immigration officer. Pertinent evidence, including testimony of witnesses, shall be incorporated in the record. The immigration officer shall prepare report summarizing the evidence and containing his findings and recommendation. The record, including the report and recommendation of the immigration officer, shall be forwarded to the district director who caused the notice to be served. The district director shall note on the report of the immigration officer whether he approves or disapproves the recommendation of the immigration officer. If the decision of the district director is that the matter be terminated, the alien shall be informed of such decision. If the decision of the district director is that the status of the alien should be adjusted to that of a nonimmigrant, his decision shall provide that unless the alien, within 10 days of receipt of notification of such decision, requests permission to retain his status as an immigrant and files with the district director Form I-508 and, if applicable, Form I-508F, the alien's immigrant status be adjusted to that of a nonimmigrant. The alien shall be informed of such decision and of the reasons therefor, and of his right to appeal in accordance with the provisions of Part 103 of this chapter. If the alien does not request that he be permitted to retain status and file the Form I-508 and, if applicable, Form I-508F within the period provided therefor, the district director, without further notice to the alien, shall cause a set of Forms I-94 to be prepared evidencing the nonimmigrant classification to which the alien has been adjusted. Form I94A shall be delivered to the alien. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status created and shall be subject to such other terms and condi

tions, including the exaction of b as the district director may deem propriate.

[22 FR 9801, Dec. 6, 1957, as amended: FR 9124, Nov. 26, 1958; 35 FR 13829, Se 1970]

§ 247.13 Disposition of Form I-508.

If Form I-508 is executed and f the duplicate copy thereof (note show the election made on Forr 508F, if applicable) shall be file the office of the Assistant Com sioner, Administrative Division, may be made available for inspec by any interested officer or agenc the United States.

[35 FR 13829, Sept. 1, 1970]

§ 247.14 Surrender of documents.

An alien whose status as a per nent resident has been adjusted that of a nonimmigrant in accorda with section 247 of the Act and t part, shall, upon demand, promp surrender to the district direct having administrative jurisdiction ov the office in which the action unc this part was taken any documer (such as Form I-151 or I-551 or a other form of alien-registration recei card, immigrant identification car resident alien's border-crossing iden fication card (Form I-187), certifica of registry, or certificate of lawf entry) in his possession evidencing h former permanent resident status.

[22 FR 9802, Dec. 6, 1957, as amended at 4 FR 32657, May 19, 1980]

PART 248-CHANGE OF NONIMMIGRANT CLASSIFICATION

Sec.

248.1 Eligibility.

248.2 Ineligible classes. 248.3 Application.

248.4 Change of nonimmigrant classification to that under section 101(a)(15)(H) or 101(a)(15)(L) of the Immigration and Nationality Act.

AUTHORITY: Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 247, 248, 66 Stat. 167, as amended, 218, as amended; 8 U.S.C. 1101, 1257, 1258.

(a) General. Except for those classes enumerated in § 248.2, any alien lawfully admitted to the United States as a nonimmigrant, including an alien who acquired such status pursuant to section 247 of the Act, who is continuing to maintain his nonimmigrant status, may apply to have his nonimmigrant classification changed to any nonimmigrant classification other

than that of a fiancee or fiance under section 101(a)(15)(K) of the Act.

(b) Maintenance of status. In determining whether an applicant has continued to maintain his nonimmigrant status, the district director shall consider whether the alien has remained in the United States for a longer period than that authorized by the Service, and shall consider any conduct by the applicant relating to his maintenance of the status from which the applicant is seeking a change. An applicant may not be considered as having maintained his nonimmigrant status within the meaning of this section if he failed to submit his application for change of nonimmigrant classification before his authorized temporary stay in the United States had expired, unless the district director in his discretion is satisfied that the failure to file a timely application was excusable, that the alien has not otherwise violated his nonimmigrant status and is a bona fide nonimmigrant, and the alien is not the subject of deportation proceedings under Part 242 of this chapter. A nonimmigrant applying for a change to classification as a student under section 101(a)(15)(F) of the Act shall not be considered ineligible for such change solely because he may have started attendance at school before his application was submitted. An alien shall be considered prima facie ineligible for change of nonimmigration classification as one who is no longer maintaining his nonimmigrant status, upon the introduction in Congress of a private bill seeking to confer upon him the status of a lawful permanent resident of the United States. [36 FR 9001, May 18, 1971]

§ 248.2 Ineligible classes.

Any alien in immediate and continuous transit through the United States without a visa pursuant to section 238(d) of the Act, or an alien classified as a nonimmigrant under section 101(a)(15)(D) or (K) of the Act is not eligible for any change of nonimmigrant classification under section 248 of the Act. Any alien classified as a nonimmigrant under section 101(a)(15)(C) of the Act is not eligible for any change of nonimmigrant classification other than a change to classification under section 101(a)(15 (A) or (G) of the Act. Any alien classified as a nonimmigrant under section 101(a)(15)(J) of the Act is not eligible for any change of nonimmigrant classification other than a change to classification under section 101(a)(15))(A) or (G) of the Act, or, if he/she is not subject to the foreign residence requirement of section 212(e) of the Act or has been granted a waiver thereof, a change to classification under section 101(a)(15)(H) or (L) of the Act, if otherwise qualified.

[46 FR 25598, May 8, 1981]

§ 248.3 Application.

(a) General. Application for change of nonimmigrant classification shall be made on Form I-506. The application shall be accompanied by documentary evidence establishing that the applicant is eligible for the change of classification being requested and shall be filed with the district director having jurisdiction over the applicant's place of temporary sojourn in the United States.

(b) Application and fee not required. When an alien whose status has been changed to a classification under section 101(a)(15)(A) or (G) of the Act has in the United States an "immediate family" member as defined in 22 CFR 41.1, the status of the "immediate family" member may be changed to the classification of the principal alien without an application or fee. When an alien whose status has been changed to a classification under section 101(a)(15)(E), (F), (H), (I), (J), or (L) of the Act has a nonimmigrant spouse or nonimmigrant child in the United States, the status of the spouse

or child may be changed to the appropriate nonimmigrant classification without an application or fee. Neither an application nor fee is required of an alien who seeks reclassification from that of a visitor for pleasure under section 101(a)(15)(B) of the Act to that of a visitor for business under the same section; from classification as a student under section 101(a)(15)(F)(i) of the Act to classification as an accompanying spouse or minor child under section 101(a)(15)(F)(ii) of the Act or vice versa; from any classification within section 101(a)(15)(H) of the Act to any other classification within section 101(a)(15)(H) provided requisite Form I-129B visa petition has been filed and approved; from classification as a participant under section 101(a)(15)(J) of the Act to classification as an accompanying spouse or minor child under that section, or vice versa; or from classification as an intracompany transferee under section 101(a)(15)(L) of the Act to classification as an accompanying spouse or minor child under that section, or vice versa. No fee shall be required in connection with any request for change to classification under section 101(a)(15)(A) or 101(a)(15)(G) of the Act. No fee shall be required when a change to exchange alien status under section 101(a)(15)(J) of the Act is requested by an agency of the U.S. Government; Form IAP-66, Certificate of Eligibility for Exchange-Visitor Status, submitted by such agency together with its request will be accepted in lieu of Form I-506. An alien classified as a visitor for business under section 101(a)(15)(B) of the Act need not request a change of classification to remain in the United States temporarily as a visitor for pleasure. An alien classified under section 101(a)(15)(A) or (G) of the Act as a member of the immediate family of a principal alien who is classified under the same section, or an alien classified under section 101(a)(15)(E), (F), (H), (1), (J), or (L) of the Act as the spouse or child who accompanied or followed to join a principal alien who is classified under the same section, need not request a change of classification to attend school in the United States, as long as such immediate family

member or spouse or child continue to be qualified for and maintains th status under which he is classified.

(c) Approval of application. If th application is granted, the applica shall be notified of the decision ar granted a new period of time remain in the United States witho the requirement of filing a separa application and paying a separate f for an extension of stay. The app cant's nonimmigrant status under h new classification shall be subject the terms and conditions applicab generally to such classification and such other additional terms and conc tions, including exaction of bon which the district director deems a propriate to the case.

(d) Denial of application. When th application is denied, the applicar shall be notified of the decision and the reasons therefor and of his righ to appeal in accordance with the prov sions of Part 103 of this chapter.

[36 FR 9001, May 18, 1971, as amended at 3FR 14289, June 19, 1972; 45 FR 23641, Apr 8, 1980]

§ 248.4 Change of nonimmigrant classifi cation to that under section 101(a)(15)(H) or 101(a)(15)(L) of th Immigration and Nationality Act. Notwithstanding any other provi sions of this part, a request for a change of an alien's nonimmigrant classification to that described in section 101(a)(15)(H) or (L) of the Act shall be accompanied by a petition on Form I-129B made by the alien's prospective employer or trainer.

[36 FR 9002, May 18, 1971]

PART 249-CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE

Sec.

249.1 Waiver of inadmissibility. 249.2 Application.

249.3 Reopening and reconsideration.

AUTHORITY: Secs. 103, 212, 249, 66 Stat. 173, 182, as amended, 219, as amended; 8 U.S.C. 1103, 1182, 1259.

§ 249.1 Waiver of inadmissibility.

In conjunction with an application under section 249 of the Act, an other

the

An application by an alien after he has been served with an order to show cause or warrant of arrest shall be made and considered only in proceedings under Part 242 of this chapter. In any other case, an alien who believes that he meets the eligibility requirements of section 249 of the Act shall apply to the district director having jurisdiction over his place of residence. The application shall be made on Form I-485, and shall be accompanied by executed Form G-325A, which shall be considered part of the application. The application shall also be accompanied by documentary evidence establishing continuous residence in the United States prior to June 30, 1948, or since entry and prior to July ti 1, 1924. Original documents shall be presented but may later be returned provided copies are furnished with the originals. Documentary evidence may include any records of official or perSonal transactions or recordings of events occurring during the period of claimed residence. Affidavits of credible witnesses may also be accepted. Women unemployed since marriage and unable to furnish evidence in their own names may furnish evidence in the names of parents or other persons with whom they have been living if affidavits of the parents or other persons are submitted attesting to the residence. The applicant shall be notified of the decision and if the application is denied of the reasons therefor. If the application is granted, a Form I551, showing that the applicant has acquired the status of an alien lawfully admitted for permanent residence, shall not be issued until the applicant surrenders any other document in his possession evidencing compliance with the alien-registration requirements of former or existing law. No appeal shall lie from the denial of an application

by the district director but such denial shall be without prejudice to the alien's right to renew an application in proceedings under Part 242 of this chapter.

[29 FR 12114, Aug. 11, 1964, as amended at 31 FR 15235, Dec. 6, 1966; 45 FR 32657, May 19, 1980]

§ 249.3 Reopening and reconsideration.

An applicant who alleged entry and residence since prior to July 1, 1924, but in whose case a record was created as of the date of approval of the application because evidence of continuous residence prior to July 1, 1924, was not submitted, may have his case reopened and reconsidered pursuant to § 103.5 of this chapter. Upon the submission of satisfactory evidence, a record of admission as of the date of alleged entry may be created.

[29 FR 11494, Aug. 11, 1964]

PART 250-REMOVAL OF ALIENS WHO HAVE FALLEN INTO DISTRESS

§ 250.1 Application.

Application for removal shall be made on Form I-243. No appeal shall lie from the decision of the district director.

(Secs. 103, 250, 66 Stat. 173, 219; 8 U.S.C. 1103, 1260)

[22 FR 9802, Dec. 6, 1957]

§ 250.2 Removal authorization.

If the district director grants the application he shall issue an authorization for the alien's removal on Form I202. Upon issuance of the authorization, or as soon thereafter as practicable, the alien may be removed from the United States at government expense.

(Secs. 103, 250, 66 Stat. 173, 219; 8 U.S.C. 1103, 1260)

[22 FR 9802, Dec. 6, 1957]